Madras High CourtWP/14244/2020disposed of

A.Radhakrishnan v. The Chief Secretary

2021-02-22Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.14244 of 2020 A.Radhakrishnan ...

Petitioner-inPerson Vs.

1 The Chief Secretary to Government Secretariat Chennai 600 009.

2 The Vigilance Commissioner Secretariat Chennai 600 009.

3 The Secretary to Government Public (Special A) Department Secretariat Chennai 600 009.

4 The Secretary to Government Personnel and Administrative Reforms Department Secretariat, Chennai 600 009.

5 The Secretary to Government (Training) Personnel and Administrative Reforms Department Secretariat Chennai 600 009.

6 The Secretary to Government Revenue Deparment Secretariat Chennai 600 009.

7 S.K.PRABAKAR Secretary to Government Home Department Chennai 600 009.

8 The Secretary to Government Housing and Urban Development Department Secretariat Chennai 600 009.

9 The Secretary to Government Municipal Administration and Water Supply Department Secretariat Chennai 600 009.

10 The Secretary to Government Tourism Culture and Endowments Department Secretariat Chennai 600 009.

11 The Director Vigilance and Anticorruption Department Alandur Chennai 600 016.

12 The Director General of Police Kamarajar Salai Chennai 600 004.

13 The Commissioner of Revenue Administration Chepauk Chennai 600 005.

14 The Commissioner of Land Administration Chepauk Chennai 600 005.

15 The Director of Survey and Settlements Chepauk Chennai 600 005.

16 The Director of Town and Country Planning 802 Anna Salai Chennai 600 002.

17 The Director of Town Panchayats Santhome High Road Chennai 600 028.

18 The Commissioner No.119 Nungambakkam High Road Chennai 600 034.

19 The District collector Salem 636 001.

20 The District Revenue officer Salem 636 001.

21 The Sub collector Mettur Salem District.

22 The Tahsildar Omalur Salem District.

23 The Commissioner of Police Salem 636 006.

24 The Deputy Inspector General of Registrations 3rd Floor, Collectorate Campus Salem 636 001.

25 The Assistant Director of Town Panchayats Salem 636 001.

26 The Assistant Director District Town and Planning Office Salem 636 001.

27 The Executive officer Karuppur Town Panchayat Salem District.

28 The Joint Commissioner Salem 636 001.

29 The Assistant Commissioner Hindu religious and Charitable Endowments Department Salem 636 001.

30 The Fit Person Arulmigu Kaaliyamman Temple Karuppur (Office at) Arulmigu kottai Mariyamman Temple Salem Town.

31 Dr.K.B.Vidyasagar

32 Ramamurthy ...

Respondents Prayer: Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents 1 to 6 and 18 to take suitable action as against the erring officials who failed to secure and safeguard the 30th respondent temple property situated in Survey No 163/1,7, 163/2 and 163/3 situated at Karuppur village, Omalur Taluk, Salem District and consequently issue direction to the 18th respondent to take appropriate steps in secure and safeguard and restore the said properties in favour of 30th Respondent temple by considering my representation dated 8.9.2020.

For Petitioner : Mr.A.Radhakrishnan Party-in-Person For Respondents : Mr.P.H.Arvindh Pandian Addl. Advocate General Assisted by Mr.V.Jayaprakash Narayanan State Govt. Pleader for respondents 1 to 17, 19 to 23 and 25 to 27 Mr.M.Karthikeyan Govt. Advocate for respondents 18, 28 & 29 Mr.T.M.Pappiah Spl. Govt. Pleader for respondent-24 Mr.V.Ayyadurai, S.C.

For Mr.V.B.Perumal Raj for respondent-31 Mr Fenn Walter Asso.

for respondent-32

ORDER

(Made by SENTHILKUMAR RAMAMOORTHY,J) The writ petitioner complains about the issuance of patta in respect of properties owned by the Arulmigu Kaliamman Temple, Karuppur at Salem Town. The relief prayed for is to secure, safeguard and restore the properties of the temple.

2. Learned Additional Advocate General submits that the writ petitioner had earlier filed W.P.No.34281 of 2016 in respect of the same temple and had requested the Court to direct removal of encroachments by the respondents 10 and 11 therein. In the said writ petition, a Division Bench of this Court took note of the fact that the authorities concerned had initiated action in respect of the alleged wrongful issuance of patta and, on that basis, declined to delve further into the controversy and closed the writ petition. According to learned Additional Advocate General, the present writ petition constitutes re-litigation inasmuch as the proceedings before the District Revenue Officer concerned are pending adjudication.

3. The petitioner-in-person, on the other hand, submits that no action was initiated by the authorities concerned in terms of and pursuant to the order dated 01.11.2016 in W.P.No.34281 of 2016. He further requests that the present proceedings be kept pending because the statutory authorities would refuse to take action in case the present proceedings are closed.

4. Upon considering the rival contentions, it is noted that the allegations and counter allegations pertain to the issuance of pattas to respondents 31 and 32 herein. Needless to say, disputed questions of fact would arise for consideration in deciding as to whether the pattas were validly issued or not and such matters should be left for adjudication in an appropriate forum. In the case on hand, proceedings are said to be pending before the District Revenue Officer. Consequently, the grievance canvassed by the writ petitioner herein would be substantially resolved if such officer is directed to dispose of the pending proceedings within a reasonable time frame.

5. Consequently, without considering the merits of the rival submissions, the District Revenue Officer, Salem, 20th respondent herein, is directed to dispose of the pending proceedings relating to the properties of Arulmigu Kaliamman Temple, Karuppur, Salem Town, by a speaking order, within a period of three months from the date of receipt of a copy of this order. There will be no order as to costs. As a consequence, WMP No.23439 of 2020 is closed.

Sd/- Asst.Registrar (CS VII) /true copy/ Sub Asst. Registrar kpl

To 1 The Chief Secretary to Government Secretariat, Chennai 600 009.

2 The Vigilance Commissioner Secretariat, Chennai 600 009.

3 The Secretary to Government Public (Special A) Department Secretariat, Chennai 600 009.

4 The Secretary to Government Personnel and Administrative Reforms Department Secretariat, Chennai 600 009.

5 The Secretary to Government (Training) Personnel and Administrative Reforms Department Secretariat, Chennai 600 009.

6 The Secretary to Government Revenue Deparment Secretariat, Chennai 600 009.

7 S.K.PRABAKAR Secretary to Government Home Department, Chennai 600 009.

8 The Secretary to Government Housing and Urban Development Department Secretariat, Chennai 600 009.

9 The Secretary to Government Municipal Administration and Water Supply Department Secretariat, Chennai 600 009.

10 The Secretary to Government Tourism Culture and Endowments Department Secretariat, Chennai 600 009.

11 The Director Vigilance and Anticorruption Department Alandur, Chennai 600 016.

12 The Director General of Police Kamarajar Salai, Chennai 600 004.

13 The Commissioner of Revenue Administration Chepauk, Chennai 600 005.

14 The Commissioner of Land Administration Chepauk, Chennai 600 005.

15 The Director of Survey and Settlements Chepauk, Chennai 600 005.

16 The Director of Town and Country Planning 802 Anna Salai, Chennai 600 002.

17 The Director of Town Panchayats Santhome High Road, Chennai 600 028.